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California Gov & Administrative Law Questions & Answers
4 Answers | Asked in Education Law, Civil Rights and Gov & Administrative Law for California on
Q: Can I sue a school for targeting a student and expelling her unjustly?

Can I sue a school for targeting my child and proceeding with expulsion after an argument? There's an expulsion hearing soon, and discrepancies in her discipline reports suggest they were altered, as the initials don't match the altered names. Additionally, the school allowed my daughter... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Apr 15, 2025

You would have to promptly review this with a litigation attorney to see if there is a cognizable claim, but schools have wide discretion to discipline. More important is addressing the pending expulsion.

The schools can call CPS in- you would need an attorney who focuses on...
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2 Answers | Asked in Gov & Administrative Law and Civil Litigation for California on
Q: Can complainant be charged for county staff fees after junkyard compliance?

I received an order to comply regarding junkyard conditions and cleaned up as required. Despite complying with the order, the county charged me staff fees for time spent on the case. In previous instances last year, when similar complaints were made, we cleaned up, and no fees or fines were... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Apr 11, 2025

You are getting billed for staff fees because you are a repeat offender. The claimant/reporter is not at fault, because the county found their complaint was justified, and issued an order to you to comply. The inspections are not harassment so long as actual violations are found and for a... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for California on
Q: How can I address unfeasible probation terms for an old misdemeanor charge in California?

I was arrested 6 years ago in Willows, California, for a misdemeanor possession of drug paraphernalia. I initially showed up for my court date but stopped attending due to the hardship of driving several hours to Willows weekly. There has been an active warrant for my arrest for 7 years. The terms... View More

Mario Tafur
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Mario Tafur
answered on Apr 9, 2025

To address unfeasible probation terms for your old misdemeanor charge in California, you can request a modification of the probation terms through the court. California law provides mechanisms for modifying probation conditions if they are unreasonable or cause undue hardship. The court has the... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Is my son's nearly 6-year-old pending case in California beyond the statute of limitations due to court delays?

My son was arrested nearly six years ago in California, and his case has not yet gone to court. The bail bondsman mentioned a five-year limit for taking a case to a jury. During these years, there have been multiple public defenders and deputy district attorneys involved, with frequent hearings... View More

Dan Moseley
Dan Moseley
answered on Mar 26, 2025

The only "statute of limitations" in criminal law applies to the filing of charges by the DA, not to the timing of a "speedy trial" after charges are filed in court. The California Criminal Code provides deadlines for certain courtroom proceedings, such as preliminary hearings... View More

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3 Answers | Asked in Personal Injury and Gov & Administrative Law for California on
Q: Is a plumber negligent for not calling 911 during a homeowner's seizure?

I am a plumber who recently experienced an incident while working in a client's home. The homeowner had a seizure, and I caught them to prevent injury. The homeowner, who appeared to be of sound mind, explicitly instructed me not to call 911, and there was no harm done as a result. I'm... View More

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2025

You were not negligent. From a textbook standpoint, you had no legal duty. In such situations, there could be a moral duty to seek help, but the homeowner asked you not to call 911 and you obliged, respecting their privacy. You handled the situation well. A medical professional may have insisted to... View More

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2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for California on
Q: How to obtain a business license for direct cremation in Riverside County, CA?

I have already registered my business and I'm looking to obtain a business license for a direct cremation entity in Riverside County, CA. I need guidance on which agencies or departments to approach for the license, information on complying with local health and safety regulations, and help... View More

Pavel Kolmogorov
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answered on Mar 19, 2025

To obtain a business license for a direct cremation entity in Riverside County, California, you must apply to the Cemetery and Funeral Bureau, which oversees crematory licenses. Follow the link to submit your application online: https://cfb.ca.gov/licensee/app.shtml

Given crematories...
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2 Answers | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Military Law for California on
Q: Stranger assaulted disabled veteran, fears for safety; legal steps to protect?

As a disabled veteran who has fought for my Constitutional rights, I feel they have been stripped away after a stranger, resembling the Uni-Boomer, challenged me and another veteran to a fight in front of our home, assaulted one of us, then fled. Despite having video evidence on YouTube and fearing... View More

Mario Tafur
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Mario Tafur
answered on Apr 9, 2025

Filing a petition with evidence, such as your video footage, could secure a temporary restraining order swiftly if the court finds immediate harm is likely without intervention. A hearing would follow within 21 to 22 days to consider a longer-term order, potentially lasting up to three years, based... View More

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2 Answers | Asked in DUI / DWI and Gov & Administrative Law for California on
Q: Can I travel to Colombia with a pending DUI case in California?

I am planning to travel to Medellin, Colombia, but I have a DUI case pending with a court date two months away. I have not received any specific travel restrictions or instructions from the court regarding international travel. Can I travel internationally under these circumstances?

Alison Lee Bermant
Alison Lee Bermant
answered on Feb 26, 2025

This isn't a straightforward answer of simply yes or no.

Were you released on bail? If so, nearly every bail agreement contains language prohibiting leaving the State of California. If that is the case, you will need permission from your bail agent to take this trip. Without that, you...
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2 Answers | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: How do I complain a lawyer to the State Bar? California

As the title - How do I complain a lawyer to the State Bar? California. Not my attorney but the opposing party's.

Howard E. Kane
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Howard E. Kane
answered on Feb 6, 2025

Once you’ve decided to take your grievance about an attorney to the State Bar, you then need to file an attorney complaint form through the State Bar of California website. Click on "Complaints and Claims" at the top of their webpage and you will be steered in the right direction.... View More

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3 Answers | Asked in Business Law, Civil Rights, Communications Law and Gov & Administrative Law for California on
Q: can the city of Antioch, CA send me junk mail on official city of Antioch letterhead for a private insurance company?

received a letter from the city of Antioch, ca with my personal information in it, offering me an insurance service that is not applicable to my property. looks to be mailed with and packaged with public funds. seems like it should be illegal for the city to use public fund to solicit for a private... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 7, 2025

I love questions which begin with "can" so and so do this or that to me.

Since they've obviously done it, proving that they can, the question becomes, "is what they did to me legal"?

I love Pavel's response, and encourage you to follow his advice,...
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3 Answers | Asked in Business Law, Civil Rights, Communications Law and Gov & Administrative Law for California on
Q: can the city of Antioch, CA send me junk mail on official city of Antioch letterhead for a private insurance company?

received a letter from the city of Antioch, ca with my personal information in it, offering me an insurance service that is not applicable to my property. looks to be mailed with and packaged with public funds. seems like it should be illegal for the city to use public fund to solicit for a private... View More

Pavel Kolmogorov
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answered on Jan 6, 2025

It’s uncommon for a municipality to use official letterhead to promote a private insurance service, and California law imposes restrictions on using public resources for private or personal gain. Specifically, Government Code § 8314 prohibits public officials from using public funds or resources... View More

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2 Answers | Asked in Business Law, Landlord - Tenant and Gov & Administrative Law for California on
Q: Does a keymaster arcade game be considered a vending machine?

The lease for our business at a mall states "Vending machines are not allowed in the retail selling area of the store".

Pavel Kolmogorov
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answered on Dec 20, 2024

A keymaster arcade game may not be considered a vending machine under California law. According to Bus. & Prof.Code § 17571, a "vending machine" is defined as any mechanical device that operates by the insertion of a coin or other thing of value and dispenses a product, service, or... View More

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1 Answer | Asked in Gov & Administrative Law and Landlord - Tenant for California on
Q: Can a tow company or apartment management have my operational car towed from my assigned parking space? With no notice?

My vehicle was towed at 1:11 PM, I arrived home from work at 12:25 PM July 3, 2024. I parked in my assigned parking. Management is aware of my vehicle's information in the rental portal which was provided the day I moved in. The tow company along with management did not call or knock on my... View More

James L. Arrasmith
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answered on Jul 26, 2024

Under California law, a tow company or apartment management can tow your vehicle from an assigned parking space, but specific conditions must be met. Generally, they need to provide proper notice and have a valid reason for the tow. If your vehicle information was provided and you were parked in... View More

1 Answer | Asked in Gov & Administrative Law for California on
Q: Was This Tow Done Legally?

I picked up my car from my mother's, next morning I drove it to work. Arriving back to the apt. complex I lived in for 6 months, I parked in my assigned parking space at 12:35 PM. When I went back out, I noticed my car was gone. according to the Tow documents the tow took place at 1:11PM. I... View More

James L. Arrasmith
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answered on Jul 26, 2024

Based on the situation you've described, it appears the tow might not have been conducted legally under California law. California has specific regulations governing the towing of vehicles from private property, including residential complexes. Generally, a vehicle cannot be towed unless there... View More

1 Answer | Asked in Civil Litigation, Legal Malpractice and Gov & Administrative Law for California on
Q: California civil what are the standard and rule for a lawyer formally appearing before court on behalf of some1?

My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More

James L. Arrasmith
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answered on Jul 26, 2024

In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More

1 Answer | Asked in Gov & Administrative Law, Identity Theft, Public Benefits and Social Security for California on
Q: Im unable to access my credit and social security, IRS profile accounts ; how can I update & secure my personal info?

I have lost access to email accounts associated with the recovery, password reset and/ or two-step verification process...

Seeking advise/ information in regards to updating and securing personal information; identity scam prevention.

James L. Arrasmith
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answered on Jul 22, 2024

To regain access to your credit and Social Security, IRS profile accounts, you need to update and secure your personal information. Start by contacting the relevant agencies directly via phone or their official websites to explain your situation. They can guide you through the process of verifying... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Gov & Administrative Law for California on
Q: I'm currently 'Blacklisted, by Federal Economic sanctions by an Executive from the Administration years 2000-present.

My Civil Rights infringed daily IN PUBLIC. I'm not working and am homeless getting discriminated from businesses of all types. I receive social Security monthly, on, or before the 3rd of every month. I've had Domestic Surveillance interfering with most of my calls from the payphone. I... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the challenges you're facing. It sounds like you're dealing with a complex situation involving multiple areas of law, including civil rights, constitutional law, and discrimination.

Given the seriousness of your claims, it's essential to get...
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1 Answer | Asked in Gov & Administrative Law and Public Benefits for California on
Q: I received a letter from my disability claim stating they are closing my file. Wish to be removed as payer on record.

I filed a claim they rarely gave me any info about the status of claim. They continued with stating they withdrew from being my representative. In addition, they wished to be removed as the payer on file for any fees paid, plus waiving their right to all rights or claims to a fee relative to claim.... View More

James L. Arrasmith
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answered on Jul 19, 2024

When you receive a letter stating that your disability claim file is being closed and your representative wishes to withdraw, it generally means they will no longer manage your case. They will not be responsible for handling any aspects of your claim moving forward. Additionally, they are... View More

1 Answer | Asked in Consumer Law and Gov & Administrative Law for California on
Q: I bought a gravity knife and didn’t know it was illegal in California. What should I do it’s shipped already
James L. Arrasmith
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answered on Jul 2, 2024

It's illegal to possess, sell, or import gravity knives in California. Since you've already purchased and had one shipped, you should:

1. Do not open the package when it arrives.

2. Contact the seller immediately to arrange a return.

3. If return is not possible,...
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1 Answer | Asked in Elder Law, Civil Litigation, Contracts and Gov & Administrative Law for California on
Q: I signed an agreement with the Masonic Homes at Covina by which they would take care of me until I die. I am 78.

In exchange, they get . 75% of my Social Security income. I developed mental problems in 2023 which were later diagnosed as vascular dementia due to bleeding in my brain. To make a long story shorter, I was plopped in Clearwater at Glendora, where I have lived for slightly over a year. There is... View More

James L. Arrasmith
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answered on Jun 29, 2024

Thank you for sharing your situation. This is a complex legal matter involving elder law, contracts, and medical issues. Here's an overview of the key points and some general guidance:

1. Breaking the covenant:

To break the agreement with Masonic Homes, you'll likely need...
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